Q: In P.R. my grandfather married my grandmother and had his (FIRST & ONLY LEGITIMATE HEIR) from that marriage, AKA my mom.
She has illegitimate siblings from when he was unfaithful. HOWEVER, she was still his 1st LEGAL HEIR. Now he passed away back in 2000 and apparently left his house in P.R. to my mom even though they never really had that tight loving father/daughter relationship. He tried to rekindle many times but my mom just couldn't forgive him for being a bad husband to my nana, or for being unavailable as a father. I met him very late in life...he was already in his 70s...anyways, so this large house in PR was left to my mom but for all these years neither I nor my father can even try bringing it up because she turns into pure anger...obviously resentment. So I have no clue what the status is with the property. HOWEVER, TECHNICALLY...AS HIS FIRST AND ONLY LEGITIMATE GRANDSON, regardless of what my mom chose to do with the house, wouldn't it just automatically go to me, or rather wouldn't I have some legal right to this property in the event that she rejected it? Let me know. Thank you.
A:
In Puerto Rico, inheritance laws are based on the Civil Code, which can be quite specific about who inherits property. If your grandfather left the house to your mother in his will, she would be the legal heir to the property. Whether she accepts the inheritance or not is her decision, but it doesn't automatically transfer to you if she rejects it.
If your mother rejects the inheritance, Puerto Rican law typically looks to other heirs in the line of succession, which may include you as a legitimate grandchild. However, it's essential to understand the specific terms of your grandfather's will and any potential claims from your mother's half-siblings. The inheritance process can involve several legal steps and considerations.
To determine your legal rights, it might be helpful to review the will and consult with a legal professional experienced in Puerto Rican inheritance law. They can provide specific guidance based on the details of your family situation and the property in question. This way, you can better understand your potential claim to the property and the necessary steps to assert your rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
